Reintroduction of the FAIR Act comes only days after Attorney General
Eric Holder announced an end to some kinds of forfeiture. Unfortunately, while
Holder’s announcement is a step in the right direction, it only addresses about 14% of the total amount of seizures in
question. An exception to the reforms announced on January 16th allows
state and local officers to exercise civil asset forfeiture practices if they’re
involved in a multijurisdictional task force that includes federal enforcement,
such as the Drug Enforcement Agency. Because federal agencies are so frequently
involved in civil asset seizures, state and local law enforcement can still keep about
86% of the money taken from otherwise innocent civilians. The FAIR Act
however, would end the Equitable Sharing Program entirely.

“The FAIR Act is precisely what we’ve been advocating since Holder’s
announcement,” said Maj. Neill Franklin (Ret.), executive director of Law Enforcement Against Prohibition. “If this bill passes, it would topple a huge cornerstone of the drug
war infrastructure that erodes community trust in police, promotes corruption
within the ranks and distracts cops from doing their jobs. Once this incentive
is gone, cops can spend their time protecting communities from truly dangerous
criminals instead of taking money from innocent
people.”

The
FAIR Act was introduced to the Senate by Sen. Rand Paul (R-KY), Sen. Angus King
(I-ME) and Sen. Mike Lee (R-UT). An identical version of the bill was introduced
in the House by Rep. Tim Walberg (R-MI), Rep. Scott Garrett (R-NJ), Rep.
Tony Cárdenas(D-CA), Rep. Keith Ellison (D-MN) and Rep. Tom McClintock
(R-CA).

Civil asset forfeiture currently requires that there be “preponderance of
evidence,” rather than “guilt beyond a reasonable doubt,” which means far less
evidence is needed to charge the property. The Fair Act would establish that
“clear and convincing evidence” be present in order to charge the property with
a crime, and that the owner “used the property with the intent to facilitate the
offense.”

LEAP
is a nonprofit of criminal justice professionals who know the war on drugs has
created a public safety nightmare of increased gang violence, police
militarization and the fueling of dangerous underground markets.

Legalization Allows Police to More Directly Confront Problems Arising from Use of Any Drug

The Colorado Association of Chiefs of Police are hosting a conference this week to discuss the impact of legal marijuana on law enforcement and public safety one year after recreational dispensaries opened in the state. The conference offers recommendations for dealing with marijuana-related issues under a legal framework in which police are able to work with growers, distributors and others to ensure consumers are protected, that criminals do not profit from sales and that the drug is not available to children.

“This conference is the result of smart regulation,” said Major Neill Franklin (Ret.), executive director of Law Enforcement Against Prohibition. “Now that marijuana is sold in a visible, transparent market, enforcement and regulatory bodies can start making recommendations about how to further public safety surrounding the drug. Instead of arresting people for minor marijuana offenses, cops are now ensuring operations are running safely and legally.”

The event lasts three days, beginning Wednesday of this week, and is expected to draw a crowd of almost 500 law enforcement professionals, including representatives from Alaska, which recently voted to legalize marijuana. U.S. Attorney in Colorado John Walsh and the Drug Enforcement Agency’s top officer in the state will also be in attendance.

LEAP is a nonprofit of criminal justice professionals who know the war on drugs has created a public safety nightmare of increased gang violence, police militarization and the fueling of dangerous underground markets.